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ELRCDismissedELRC Petition (Wajir), Petition dated 5th December 2024· [2025] KEELRC 2562 (KLR)

Mohamed v Wajir County Assembly & 2 others (Petition E088 of 2025) [2025] KEELRC 2562 (KLR)

Employment and Labour Relations Court
23 September 2025
HWHellen Wasilwa
2,086 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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An unopposed Kenyan employment petition still failed because the worker's own facts contradicted each other — proof matters even when nobody defends the case.

What this practically means

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Executive summary

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The petitioner, formerly employed as Assistant Secretary by the 1st Respondent (Wajir County Assembly Service Board), petitioned the Employment and Labour Relations Court seeking declarations that she had a legitimate expectation of confirmation to permanent and pensionable terms after probation; that a letter backdated to 25th September 2022 placing her on a five-year contract was issued unprocedurally and unlawfully; that her removal from the payroll, denial of access to her workplace and withholding of salary from September 2017 violated Articles 41(1) and 47(1) of the Constitution, the Fair Administrative Actions Act and the Employment Act; and seeking reinstatement without loss of benefits, payment of pending dues, and costs. She relied on prior decisions of the court in Habon Kahiye Mohumed v Wajir County Assembly Service Board and Halima Omar Gaal v Wajir County Assembly, in which similarly affected employees were reinstated, and on Gladys Boss Shollei v Judicial Service Commission on reinstatement as a substantive remedy. The Respondents did not enter appearance despite service, leaving the petition unopposed. The court, however, found the petition's factual narrative internally inconsistent: at one point the petitioner pleaded employment from 2nd October 2017 on permanent and pensionable terms, while elsewhere she indicated she was employed in 2023 with a letter backdated to 2022, yet claimed non-payment of salary since 2017. Holding that the facts did not flow and the petition lacked factual precision, the court dismissed the petition despite its unopposed status and made no order of costs.

Key legal issues

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01

Whether the Petitioner proved her claim of unlawful variation of employment terms and constructive dismissal

Holding

Petition dismissed because the factual narrative was internally inconsistent and not established

Reasoning

The Petitioner pleaded employment from 2nd October 2017 on permanent and pensionable terms, yet at another point indicated she was employed in 2023 with a letter backdated to 2022. The court found the facts did not flow and could not reconcile how she could be employed in 2023 yet unpaid since 2017. Even though unopposed, the petition failed for want of factual precision.

p. 5

Legal principles established

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  • A petition, even unopposed, must be established on facts that flow with precision; the court will not grant relief on an internally inconsistent factual narrative.

Court orders

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  1. 1.Dismissal of the petition
Jurisdiction invoked
Article 41(1) and Article 47(1) of the Constitution; Employment Act (employment and labour relations jurisdiction over county government employers)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mohamed v Wajir County Assembly & 2 others (Petition E088 of 2025) [2025] KEELRC 2562 (KLR)", Case Analysis (2025). ELRC Petition (Wajir), Petition dated 5th December 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2562/eng@2025-09-23

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.